Court : Mumbai
Reported in : (1912)14BOMLR1135; 17Ind.Cas.779
..... appeal from a decree made by the district judge of ahmedabad who has dismissed the, plaintiffs' suit with costs. the suit purported to be a suit filed under section 92 of the civil procedure code with the permission of the collector. the plaint, which is somewhat diffuse in its references to the history of the property, may be ..... of the pujaris been treated as public charitable property. upon this part of the case the plaintiffs assert that for several years including the period between 1876 and 1884 the pujari was one ranchod keshavram. according to the plaintiffs he admittedly held as a mere worshipper and acknowledged that the property of the mandir was in the ..... apart altogether from the question whether supervision had been exercised over him in the past, or whether he had refused to show his accounts, or committed any other act of misconduct, the mere circumstance that he set up in himself a private title adverse to the trust would constitute a breach of trust; see damodar v. bhat .....
Tag this Judgment!Court : Mumbai
Reported in : (1913)15BOMLR178; 19Ind.Cas.387
..... , who points out that the law of prescription in this presidency remained as it was established by the regulation of 1827, until that regulation was expressly repealed by section 2 of act ix of 1871.11. these authorities seem to us to decide the point now in controversy. mr. jayakar seeks to avoid their authority on the ground that this ..... in other words until after the 1st of january 1862, it was not open to the plaintiff or to any person to challenge the defendants' possession in reliance on section 2 of act xiv of 1859. but prior to the 1st of january 1862, the defendants' possession had grown into title since it began in 1830 and had only thirty years ..... it. what then is it that is suggested as having happened to prevent the title accruing under the regulation? according to plaintiff it is the intervention of act xiv of 1859, section 2 of which provides that no suit against a trustee in his lifetime, and no suits against his representatives for the purpose of following in their hands the .....
Tag this Judgment!Court : Mumbai
Reported in : (1913)15BOMLR192
..... into. the learned judge concludes from those facts, and we think correctly, that the property left by naoroji and used in the business was a loan under section 241 of the contract act. 5. it appears that until 1895 certain sums were drawn by maneckbai from the firm for the maintenance of herself and her children and that she was credited ..... make an order revoking the grant of probate made on march the 7th, 1895. there was no such grant in existence, and if mr. tyabji under the terms of section 234 had a jurisdiction on the grounds stated to him to revoke the probate which, we think, is extremely doubtful, he certainly had no jurisdiction to purport to revoke a ..... is no ground for rescision and restoration of the parties to the position in which they were before the contract was entered into. it appears to us, therefore, that the act of maneckbai in 1895 cannot be set aside and that the plaintiffs claim upon that ground must fail.12. the learned judge has, however, come to the conclusion, which .....
Tag this Judgment!Court : Mumbai
Reported in : (1912)14BOMLR1148; 12Ind.Cas.891
..... (1877) 5 ch. d. 347. it is true of course that that decision which turned upon the meaning of section 264 of the public health act, 1875, cannot be read as a direct authority for the ascertainment of the meaning of section 80 in the civil procedure code of india ; but it does seem to us to be of high authority as to the ..... in which and the principle upon which the courts ought to approach the task of interpreting such sections. in terms the section of the public health act which was before the english court for construction was wider and harsher than is section 80 of our code, for whereas section 80 of our code limits the requirement of notice to the case of an ..... act purporting to be done by a public officer, the english act required notice in respect of anything done or intended to be done or omitted to .....
Tag this Judgment!Court : Mumbai
Reported in : (1913)15BOMLR333; 19Ind.Cas.789
..... the transfer of such an instrument in discharge of a pre-existing debt makes the creditor a holder in due course. the whole law expressed concisely in section 118 of the negotiable instruments act may be found more amply and exactly stated by blackburn j. in the case of m'lean v. clydesdale banking company (1883) 9 app. ..... larger than that of the note. the question, then, is of pure law, whether the mere existence of an antecedent debt is consideration within the meaning of section 118 of the negotiable instruments act. in this connection i have gone over all the leading cases commencing with watson v. russell (1862) 3 b. & s. 34; belshaw v. bush ..... ,. if this story be true, then first turning to the definition of... ' consideration' in the contrast act, and next to what is-defined to be 'lawful consideration' and applying those definitions to section 118 of the negotiable instruments act, the court would have no doubt in holding that the defendant nagindagi. had made good the first step of .....
Tag this Judgment!Court : Mumbai
Reported in : (1912)14BOMLR1198; 17Ind.Cas.955
..... the record ought to be considered as plaintiffs in so far as they assert a claim on their own behalf. but, argues the learned pleader, by the operation of section 13 and section 244 of the old civil procedure code the desais would be barred from bringing the present suit to obtain 'their share in the village, inasmuch as they had obtained a decree .....
Tag this Judgment!Court : Mumbai
Reported in : (1912)14BOMLR1166
..... biswas ilr (1892) cal. 481, which in turn followed in re keshav lakshman ilr (1876) 1 bom. 175. we think, therefore, that the case falls outside the provisions of section 250, and that the magistrate had no jurisdiction to make an order for compensation. we must consequently set aside that order. the money, if paid, must be refunded to the ..... of the criminal procedure code, and it seems to us clear that the definition cannot include a deposition made to a magistrate in the course of a trial. the same view of section 250, which we now take, has been taken in in the matter of the petition of ram padarath ilr (1903) all. 183 following bharat chunder nath v. jabed ali ..... sum of rs. 30 in compensation. the question is whether this order of compensation is valid. it appears to us that it cannot be supported under section 250, for the words of that section limit it to a case instituted either by complaint as defined in the code, or by the information given to police officer or to a magistrate. here .....
Tag this Judgment!Court : Mumbai
Reported in : (1912)14BOMLR1169
..... -drain-pipe, which for the purposes of this reference must be assumed to have been laid by the municipality prior to the coming into force of the municipal act.2. under section 3 of the act ' private street ' is defined as a street which is not a public street, and 'public street' is defined to mean any street heretofore levelled, paved, ..... a trench or channel through which water flows.4. on these grounds it seems to us impossible to limit the meaning of the word ' sewer ' in section 3 of the municipal act in the manner desired by the petitioner. we think on the authorities to which we have referred that the word must bear the wider signification and must refer ..... the owner of certain property which abuts on a street, this street connecting with the tardeo road on the one side and sleater road on the other. under section 305 of the act a written notice was served upon the petitioner requiring him, among others, to level, metal or pave, drain and light the street running by his premises. that .....
Tag this Judgment!Court : Mumbai
Reported in : (1913)15BOMLR85
..... found either to buy or sell with the defendant was gambling too ; and if that could be satisfactorily proved then doubtless the intermediary would be affected by the provisions of act iii of 1865 and could neither recover his commission nor any losses he had voluntarily incurred on account of his client. such a case, i think, could only occur ..... on the other side to whom he had passed on the defendant's order, then no doubt he, the pukka adatia, would fall within the provisions of the bombay gambling act iii of 1865. so also if, in exercise of his peculiar privilege, the pukka adatia appropriated a client's contract to himself. it might then be comparatively easy to ..... people take their gains, but refuse to pay their losses. it is, or ought to be, evident, that when a court upholds them in doing so, it does an act calculated not to repress or diminish, but increase and encourage the very evil it strikes at. nothing is more likely to stimulate gambling amongst the worst class of gamblers than .....
Tag this Judgment!Court : Mumbai
Reported in : (1913)15BOMLR66
..... are not intended to restrict, but rather to expand, the scope of the defining words already used. this opinion derives countenance from one of the clauses in section 7 of the act. that section deals with the fees to be levied for licenses in accordance with the various classes of conveyances licensed ; and one of those classes is described as being labour ..... be drawn by human agency.4. on these grounds we think that the learned magistrate's view of the act is incorrect. we must, therefore, reverse the learned magistrate's order and convict the accused under section 2 of the act, as the case comes before us merely in order to get a decision upon the point of law we ..... conveyance plying for hire is drawn by horses or by men. coming to the actual words of the act, we do not think that they bear out the rather fine distinction which the learned magistrate desired to import. the defining section is section 1, which enacts that ' every carriage with two or more wheels which shall be used for the .....
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